# 58

Chicago Tribune article notes how overdose deaths in 2016 America exceed 50,000 (the most ever); attribute 9,580 to illicit Fentanyl.

Direct analysis of crisis no longer possible since criminal distributors are selling miss-labelled products of death to law breakers who are possessing and self-administering either heroin ( controlled substance) or Fentanyl (controlled substance which requires a prescription).

In an unusual phenomenon, well intentioned supporters of persons diagnosed as having substance use disorder are learning that their simple analysis is more complex.  They are finding that such disabled persons can die because of the trust they place in strangers- criminal distributors who chase the dollar and sell opioids (30-100 times more potent than Heroin) as organic heroin.

The scripted defense for substance use disorder persons has been that they have a medical need and that they should be treated as patients, not criminals because of their use.

The defense begins to collapse when they are reminded that Federal and State laws do not prohibit use, but possession.  The defense crashes when commerce for medical needs results in death because juveniles and adults do not follow a medical path to meet their medical needs and, instead, enter the criminal world.

In the Criminal Justice world, American Judges initially see persons as juvenile or adult.  While adults have all of the rights and privileges of society, they also have the responsibilities and duties of citizenship.  They can be deemed incompetent, after a hearing, otherwise adults are treated as adults.

As an increasing tally of self-administering adult's overdose deaths climbs, the advocates may find refuge in judges if their argument is persuasive for guardianship.  Until then, substance use disorder adults are accepted as fully responsible members of society and carving out an exemption in the criminal law regarding illegal possession for such adults is unlikely.

http://www.chicagotribune.com/news/nationworld/ct-us-overdose-deaths-20161208-story.html